NY State Assembly Bill 2019-A7981A

Assembly Bill A7981A

2019-2020 Legislative Session

Relates to issuance of appearance tickets to adolescent offenders pending appearances before youth parts of superior courts of criminal jurisdiction

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	ordered to third reading cal.301
Jun 12, 2019	amended on third reading 7981a
Jun 12, 2019	ordered to third reading rules cal.208 rules report cal.208 reported
Jun 04, 2019	reported referred to rules
May 30, 2019	referred to codes

Bill Amendments

Original

A (Active)

2019-A7981 - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.20 & 150.20, CP L
Versions Introduced in 2021-2022 Legislative Session:: A7705

2019-A7981 - Summary

Relates to issuance of appearance tickets to adolescent offenders pending appearances before youth parts of superior courts of criminal jurisdiction.

2019-A7981 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7981
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WALKER -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  issuance  of
   appearance  tickets to adolescent offenders pending appearances before
   youth parts of superior courts of criminal jurisdiction

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of subdivision 2, the opening para-
 graph of subdivision 6 and subdivision 8 of section 140.20 of the crimi-
 nal procedure law, the opening paragraph of subdivision 2 as amended  by
 chapter  550 of the laws of 1987, the opening paragraph of subdivision 6
 as amended by section 20 and subdivision 8 as added  by  section  19  of
 part  WWW  of  chapter  59  of  the laws of 2017, are amended to read as
 follows:
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25,  130.40,  205.10,  205.17,  205.19  or
 215.56  of  the  penal law OR IF, IN THE CASE OF AN ADOLESCENT OFFENDER,
 THE ARREST IS FOR AN OFFENSE OTHER THAN  A  VIOLENT  FELONY  OFFENSE  AS
 DEFINED  IN  SUBDIVISION  ONE  OF  SECTION  70.02  OF THE PENAL LAW, the
 arrested person need not be brought before a  local  criminal  court  as
 provided  in  subdivision  one,  and  the  procedure  may  instead be as
 follows:
   Upon arresting a juvenile offender or a person sixteen  or  commencing
 October  first,  two thousand nineteen, seventeen years of age without a
 warrant, the police officer shall immediately notify the parent or other
 person legally responsible for his or her care or the person  with  whom
 he  or she is domiciled, that such offender or person has been arrested,
 and the location of the facility where he or she is  being  detained  OR
 THE  PLACE AND DATE AN APPEARANCE TICKET IS RETURNABLE IF THE ADOLESCENT
 OFFENDER HAS BEEN GIVEN AN APPEARANCE TICKET. If the officer  determines
 that it is necessary to question a juvenile offender or such person, the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09843-02-9

 A. 7981                             2
 
 officer  must  take  him  or  her  to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible  for  the care of the juvenile or such person, to his or her
 residence and there question him or her for a reasonable period of time.
 A juvenile or such person shall  not  be  questioned  pursuant  to  this
 section  unless  he or she and a person required to be notified pursuant
 to this subdivision, if present, have been advised:
   8. [If] EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, IF  the
 arrest  is  for a juvenile offender or adolescent offender other than an
 arrest for a violation or a traffic infraction, such offender  shall  be
 brought  before the youth part of the superior court.  If the youth part
 is not in session, such offender shall be brought before the most acces-
 sible magistrate designated by the appellate  division  of  the  supreme
 court in the applicable department to act as a youth part.
   §  2.  Paragraph  (a)  of  subdivision  1  and subdivisions 2 and 3 of
 section 150.20 of the criminal procedure law, paragraph (a) of  subdivi-
 sion  1  as amended by section 1-a of part JJJ of chapter 59 of the laws
 of 2019 and subdivisions 2 and 3 as amended by chapter 550 of  the  laws
 of 1987, are amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C or D felony  or  a  violation  of  section  130.25,
 130.40,  205.10, 205.17, 205.19 or 215.56 of the penal law OR IF, IN THE
 CASE OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER  THAN
 A  CLASS  A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION
 ONE OF SECTION 70.02 OF THE PENAL LAW, he OR SHE shall,  except  as  set
 out  in  paragraph (b) of this subdivision, subject to the provisions of
 subdivisions three and four of section 150.40  of  this  title,  instead
 issue to and serve upon such person an appearance ticket.
   2.  (a)    Whenever  a  police officer has arrested a person without a
 warrant for an offense other than a class A, B,  C  or  D  felony  or  a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the  penal  law  pursuant to section 140.10 OF THIS TITLE, or IF, IN THE
 CASE OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER  THAN
 A  CLASS  A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION
 ONE OF SECTION 70.02 OF THE PENAL LAW, OR (b) whenever a peace  officer,
 who is not authorized by law to issue an appearance ticket, has arrested
 a  person  for  an  offense  other than a class A, B, C or D felony or a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the penal law pursuant to section 140.25 OF THIS TITLE  OR  IF,  IN  THE
 CASE  OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER THAN
 A CLASS A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED  IN  SUBDIVISION
 ONE  OF SECTION 70.02 OF THE PENAL LAW, and has requested a police offi-
 cer to issue and serve upon such arrested person  an  appearance  ticket
 pursuant  to  subdivision  four  of section 140.27 OF THIS TITLE, or (c)
 whenever a person has been arrested for an offense other than a class A,
 B, C or D felony or a  violation  of  section  130.25,  130.40,  205.10,
 205.17,  205.19  or  215.56  of  the  penal law OR IF, IN THE CASE OF AN
 ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER THAN A  CLASS  A
 FELONY  OR  A  VIOLENT  FELONY  OFFENSE AS DEFINED IN SUBDIVISION ONE OF
 SECTION 70.02 OF THE PENAL LAW and has been delivered to the custody  of
 an  appropriate police officer pursuant to section 140.40 OF THIS TITLE,
 such police officer may, instead of bringing such person before a  local
 criminal  court and promptly filing or causing the arresting peace offi-
 cer or arresting person  to  file  a  local  criminal  court  accusatory

 A. 7981                             3
 
 instrument  therewith, issue to and serve upon such person an appearance
 ticket.  [The issuance and service of an appearance  ticket  under  such
 circumstances may be conditioned upon a deposit of pre-arraignment bail,
 as provided in section 150.30.]
   3.    A  public  servant other than a police officer, who is specially
 authorized by state law or local law enacted pursuant to the  provisions
 of  the  municipal  home  rule law to issue and serve appearance tickets
 with respect to designated offenses other than class A, B, C or D  felo-
 nies  or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or
 215.56 of the penal law OR, IN THE CASE OF AN ADOLESCENT  OFFENDER,  THE
 ARREST IS FOR AN OFFENSE OTHER THAN A CLASS A FELONY OR A VIOLENT FELONY
 OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW,
 may  in  such  cases  issue and serve upon a person an appearance ticket
 when he OR SHE has reasonable cause to  believe  that  such  person  has
 committed  a crime, or has committed a petty offense in his OR HER pres-
 ence.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that the amendments to paragraph (a) of subdivision 1 of section  150.20
 of the criminal procedure law made by section two of this act shall take
 effect  on  the  same date and in the same manner as section 1-a of part
 JJJ of chapter 59 of the laws of 2019, takes effect.

2019-A7981A (ACTIVE) - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.20 & 150.20, CP L
Versions Introduced in 2021-2022 Legislative Session:: A7705

2019-A7981A (ACTIVE) - Summary

Relates to issuance of appearance tickets to adolescent offenders pending appearances before youth parts of superior courts of criminal jurisdiction.

2019-A7981A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7981--A
                                                            R. R. 208
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WALKER -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Codes --
   reported and referred to the Committee on  Rules  --  amended  on  the
   special  order of third reading, ordered reprinted as amended, retain-
   ing its place on the special order of third reading
 
 AN ACT to amend the criminal procedure law, in relation to  issuance  of
   appearance  tickets to adolescent offenders pending appearances before
   youth parts of superior courts of criminal jurisdiction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of subdivision 2, the opening para-
 graph of subdivision 6 and subdivision 8 of section 140.20 of the crimi-
 nal procedure law, the opening paragraph of subdivision 2 as amended  by
 chapter  550 of the laws of 1987, the opening paragraph of subdivision 6
 as amended by section 20 and subdivision 8 as added  by  section  19  of
 part  WWW  of  chapter  59  of  the laws of 2017, are amended to read as
 follows:
   If the arrest is for an offense other than a class A, B, C or D felony
 or a violation of section 130.25,  130.40,  205.10,  205.17,  205.19  or
 215.56  of  the  penal law OR IF, IN THE CASE OF AN ADOLESCENT OFFENDER,
 THE ARREST IS FOR AN OFFENSE OTHER THAN A CLASS A FELONY  OR  A  VIOLENT
 FELONY  OFFENSE  AS  DEFINED  IN SUBDIVISION ONE OF SECTION 70.02 OF THE
 PENAL LAW, the arrested person need not be brought before a local crimi-
 nal court as provided in subdivision one, and the procedure may  instead
 be as follows:
   Upon  arresting  a juvenile offender or a person sixteen or commencing
 October first, two thousand nineteen, seventeen years of age  without  a
 warrant, the police officer shall immediately notify the parent or other
 person  legally  responsible for his or her care or the person with whom
 he or she is domiciled, that such offender or person has been  arrested,
 and  the  location  of the facility where he or she is being detained OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD09843-03-9

 A. 7981--A                          2
 
 THE PLACE AND DATE AN APPEARANCE TICKET IS RETURNABLE IF THE  ADOLESCENT
 OFFENDER  HAS BEEN GIVEN AN APPEARANCE TICKET. If the officer determines
 that it is necessary to question a juvenile offender or such person, the
 officer  must  take  him  or  her  to a facility designated by the chief
 administrator of the courts as a suitable place for the  questioning  of
 children  or,  upon  the  consent  of  a  parent or other person legally
 responsible for the care of the juvenile or such person, to his  or  her
 residence and there question him or her for a reasonable period of time.
 A  juvenile  or  such  person  shall  not be questioned pursuant to this
 section unless he or she and a person required to be  notified  pursuant
 to this subdivision, if present, have been advised:
   8.  [If] EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, IF the
 arrest is for a juvenile offender or adolescent offender other  than  an
 arrest  for  a violation or a traffic infraction, such offender shall be
 brought before the youth part of the superior court.  If the youth  part
 is not in session, such offender shall be brought before the most acces-
 sible  magistrate  designated  by  the appellate division of the supreme
 court in the applicable department to act as a youth part.
   § 2. Paragraph (a) of subdivision  1  and  subdivisions  2  and  3  of
 section  150.20 of the criminal procedure law, paragraph (a) of subdivi-
 sion 1 as amended by section 1-a of part JJJ of chapter 59 of  the  laws
 of  2019  and subdivisions 2 and 3 as amended by chapter 550 of the laws
 of 1987, are amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of this title to arrest a person without a warrant for an offense  other
 than  a  class  A,  B,  C  or D felony or a violation of section 130.25,
 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal law OR IF, IN  THE
 CASE  OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER THAN
 A CLASS A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED  IN  SUBDIVISION
 ONE  OF  SECTION  70.02 OF THE PENAL LAW, he OR SHE shall, except as set
 out in paragraph (b) of this subdivision, subject to the  provisions  of
 subdivisions  three  and  four  of section 150.40 of this title, instead
 issue to and serve upon such person an appearance ticket.
   2. (a)  Whenever a police officer has  arrested  a  person  without  a
 warrant  for  an  offense  other  than  a class A, B, C or D felony or a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the penal law pursuant to section 140.10 OF THIS TITLE, or  IF,  IN  THE
 CASE  OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER THAN
 A CLASS A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED  IN  SUBDIVISION
 ONE  OF SECTION 70.02 OF THE PENAL LAW, OR (b) whenever a peace officer,
 who is not authorized by law to issue an appearance ticket, has arrested
 a person for an offense other than a class A, B, C  or  D  felony  or  a
 violation of section 130.25, 130.40, 205.10, 205.17, 205.19 or 215.56 of
 the  penal  law  pursuant  to section 140.25 OF THIS TITLE OR IF, IN THE
 CASE OF AN ADOLESCENT OFFENDER, THE ARREST IS FOR AN OFFENSE OTHER  THAN
 A  CLASS  A FELONY OR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION
 ONE OF SECTION 70.02 OF THE PENAL LAW, and has requested a police  offi-
 cer  to  issue  and serve upon such arrested person an appearance ticket
 pursuant to subdivision four of section 140.27 OF  THIS  TITLE,  or  (c)
 whenever a person has been arrested for an offense other than a class A,
 B,  C  or  D  felony  or  a violation of section 130.25, 130.40, 205.10,
 205.17, 205.19 or 215.56 of the penal law OR  IF,  IN  THE  CASE  OF  AN
 ADOLESCENT  OFFENDER,  THE ARREST IS FOR AN OFFENSE OTHER THAN A CLASS A
 FELONY OR A VIOLENT FELONY OFFENSE AS  DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION  70.02 OF THE PENAL LAW and has been delivered to the custody of
 an appropriate police officer pursuant to section 140.40 OF THIS  TITLE,

 A. 7981--A                          3
 
 such  police officer may, instead of bringing such person before a local
 criminal court and promptly filing or causing the arresting peace  offi-
 cer  or  arresting  person  to  file  a  local criminal court accusatory
 instrument  therewith, issue to and serve upon such person an appearance
 ticket.  [The issuance and service of an appearance  ticket  under  such
 circumstances may be conditioned upon a deposit of pre-arraignment bail,
 as provided in section 150.30.]
   3.    A  public  servant other than a police officer, who is specially
 authorized by state law or local law enacted pursuant to the  provisions
 of  the  municipal  home  rule law to issue and serve appearance tickets
 with respect to designated offenses other than class A, B, C or D  felo-
 nies  or violations of section 130.25, 130.40, 205.10, 205.17, 205.19 or
 215.56 of the penal law OR, IN THE CASE OF AN ADOLESCENT  OFFENDER,  THE
 ARREST IS FOR AN OFFENSE OTHER THAN A CLASS A FELONY OR A VIOLENT FELONY
 OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW,
 may  in  such  cases  issue and serve upon a person an appearance ticket
 when he OR SHE has reasonable cause to  believe  that  such  person  has
 committed  a crime, or has committed a petty offense in his OR HER pres-
 ence.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that the amendments to paragraph (a) of subdivision 1 of section  150.20
 of the criminal procedure law made by section two of this act shall take
 effect  on  the  same date and in the same manner as section 1-a of part
 JJJ of chapter 59 of the laws of 2019, takes effect.

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